Petition for review of an order of removal is granted and the matter remanded where: 1) plaintiff is not precluded from relief under INA sec. 212(c) by the Supreme Court’s decision in St. Cyr; 2) the matter must be remanded to the Board of Immigration Appeals because it failed to consider whether plaintiff was eligible for nunc pro tunc INA sec. 212(c) relief under the In re L- line of cases; 3) retroactively applying the amended definition of aggravated felony to his pre-IIRIRA conviction for sexual abuse of a minor did not violate the due process right to fair notice and repose; and 4) the present court lacks jurisdiction to consider plaintiff’s claim that the BIA erred in denying his request for withholding of removal because that decision is discretionary.
Read Lovan v. Holder, No. 08-2177
Appellate InformationPetition for Review of an Order of the Board of Immigration Appeals.Submitted: February 11, 2009Filed: July 31, 2009
JudgesBefore LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.Opinion by LOKEN, Chief Judge.
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